HomeMy WebLinkAbout6A - Prior South EasementsSTAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
O ATE:
INTRODUCTION:
DISCUSSION:
6A
DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING TO CONSIDER VACATION OF DRAINAGE AND
UTILITY EASEMENTS WITHIN THE PLAT OF PRIOR SOUTH
DECEMBER 5, 1994
The purpose of this public hearing is to consider a petition by Kestrel
Properties LTD Partnership, to vacate part of the drainage and utility
easements within Lots 18 and 19, Block 6, Prior South. (See attached
map for reference to the vacation subject site).
The applicant has filed the vacation petition in order to allow for the
development of multi-family residential units on the subject site. On
August 1, 1994, the applicant received rezoning approval for Lot 19, to
change the designation from B-3, General Business to R-3, Multiple
Residential. The applicant has submitted a site plan proposal for
development of the property which is consistent with the schematic plan
presented at the rezoning public hearing. The site plan indicates that
buildings are proposed to be located over the common lot line of Lots 18
and 19 and also the 5' drainage and utility easements located on either
side of the common lot line. The proposal is to utilize both lots for
development of the multiple family complex. The applicant has petitioned
for vacation of part of the drainage and utility easement in order to
develop the property as per the attached plan.
Staff mailed notice to all affected property owners and utility companies.
No objections were raised regarding the proposed easement vacation. In
a vacation request, the City must determine whether there is a public
need or anticipated future need for the dedicated property. Staff is of the
opinion that there is no future need for the easements as platted. The
applicant has submitted a building permit application which is currently
under review by staff. Site grading and drainage are required to be
addressed as part of the building permit application. Therefore, there is
no current nor future need to retain the drainage and utility easement as
platted. The recommendation from staff is to approve attached
Resolution authorizing the vacation of the easements as legally described
therein.
ALTERNATIVES: 1.
Approve the attached resolution authorizing the vacation of the
easements platted within Lots 18 and 19, Block 6, Prior South as
requested.
Table or continue this item for further information.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPI~)I~TUNITY EMPLOYER
RECOMMENDATION:
REVIEWED BY:
Find a public need to retain the easements and deny the petition
for vacation.
Alternative #1.
Frank Manager
-2-
RESOLUTION 94-__
RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS
LOCATED IN LOTS 18 AND 19, BLOCK 6, PRIOR SOUTH.
MOTION BY:
SECONDED BY:
a petition for Drainage and Utility Easement vacation has been duly
presented to the City of Prior Lake, signed by a majority of the owners of the
property abutting the following described Drainage and Utility Easements
situated in the City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of the 5.00 foot platted drainage and utility easements
lying South of and adjacent to the North line of Lot 18, Block 6, Prior
South and lying North of and adjacent to the South line of Lot 19,
Block 6, of said plat lying Wast of the East 10 feet of said Lots 18 and
19 and lying Eest of the West 10 feet of said Lots 18 and 19, Block 6,
Prior South, Scott County, MN.
notice of the hearing on said petition has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
WHEREAS,
a Public Hearing was held on said petition on Monday, December 5, 1994, at
7:30 P.M. in the Prior Lake City Council Chambers; and
WHEREAS,
the City Council then proceeded to hear all persons interested in said petition
and persons interested afforded the opportunity to present their views and
objections to the granting of said petition; and
WHEREAS,
the City Council of Prior Lake has determined that the vacation of said
Drainage and Utility Easements would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that
pursuant to Minnesota Statutes 412.851, the above described Drainage and Utility
Easements situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the
County Recorder, Scott County, For appropriate action.
Passed and adopted this 5th day of December, 1994.
YES: NO:
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Schenck Schenck
Scott Scott
{Seal}
Frank F. Boyles
City Manager
City of Prior Lake
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PID% 250171~40 250171250
CITY OF PRIOR LAKE
APPLICATION FOR STREET, ALLEY AND UTILITY VACATION
Applicant: Kestrel Properties LTD Partnership
Address: 7815 t33rd St. We~r; Annl~ V~llpv. ~N 55124
F~me Phone: ~91-5427 .... Work Phone: 431-3781
Property Owner: Robert Mertins
Address: 3534 Basswood Circle, prior ~mke. MN 55372
Hcme Phone: 447-2406 Work Phone: 447-2629
Legal Description of Site to be Vacated: 5f utility easement on North property line
of Lot 18 Block 6 Prior South and 5' utility easement on South property ] i n~ nF
Lot 19 Block 6 Prior South; Prior ~: HN.
Beason for Pequest: (May Attach)When ~nt lg ~nd lq are combined, easement is no longer
needed because this line is no longer a property perimeter ~nH ?-rn?nn~d prnj~t
is better desi_~ned with use of th~ ]~nd for hH]~in~ prn~H~n~ n h~t-'r~r p~o?ct
for the City of Prior ~ke.
D3BMISSION RBQUIP~94ENTS: (A) Completed Application form. (B) Complete r_~gal
description & Property Identification Number (PID). (C) Complete legal
description of vacation site. (D) Petition or letter including the signatures
and addresses of all property owners who own land adjacent to the proposed
vacation site. (E) Certified Survey of the proposed vacation site. (F) Filing
ONLY COMPLETE APPLIC
To the best of
~/BE. REVI~ED BY THE CITY COUNCIL.
~~l~tion presented on this form is ~correct.
ant~ ~i~-~gtu~, /~ Date
/ v..
CITY COUNCIL
CONDITIONS:
THIS SECTION TO BE FTT,LED OUT BY %%1E PLANNII~ DIRZL%OR
APPRfTv-ED DENIED HEARINg DATE
Signature of the Planning Director Date
RESOLUTION 94-__
RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS
LOCATED IN LOTS 18 AND 19, BLOCK 6, PRIOR SOUTH.
MOTION BY:
WHEREAS,
SECONDED BY:
a petition for Drainage and Utility Easement vacation has been duly
presented to the City of Prior Lake, signed by a majority of the owners of the
property abutting the following described Drainage and Utility Easements
situated in the City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of the 5.00 foot platted drainage and utility easements
lying South of and adjacent to the North line of Lot 18, Block 6, Prior
South and lying North of and adjacent to the South line of Lot 19,
Block 6, of said plat lying Wast of the East 10 feet of said Lots 18 and
19 and lying Eest of the West 10 feet of said Lots 18 and 19, Block 6,
Prior South, Scott County, MN.
notice of the hearing on said petition has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
WHEREAS,
a Public Hearing was held on said petition on Monday, December 5, 1994, at
7:30 P.M. in the Prior Lake City Council Chambers; and
WHEREAS,
the City Council then proceeded to hear all persons interested in said petition
and persons interested afforded the opportunity to present their views and
objections to the granting of said petition; and
WHEREAS,
the City Council of Prior Lake has determined that the vacation of said
Drainage and Utility Easements would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that
pursuant to Minnesota Statutes 412.851, the above described Drainage and Utility
Easements situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the
County Recorder, Scott County, For appropriate action.
Passed and adopted this 5th day of December, 1994.
YES:
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Schenck Schenck
Scott Scott
NO:
{Seal}
Frank F. Boyles
City Manager
City of Prior Lake
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4474245
AN EQUAL OPPORTUNITY EMPLOYER
I
DRAINAGE AND
UTILITY VACATION SITE
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FRAHKt..tt'i TRAIt.' ,,
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NOTICE OF PUBLIC HEARING TO CONSIDER
VACATION OF DRAINAGE AND UTILITY EASEMENTS
You are hereby notified that a public heating will be held by the City Council in the Prior Lake
City Hall Council Chambers at 4629 Dakota Street S.E. on Monday, December 5, 1994 at 7:30
p.m.
The purpose of the public hearing is to consider vacating the following legally described
drainage and utility easements.
LEGAL DESCRIPTION:
That part of the 5.00 foot platted drainage and utility easements lying South of and
adjacent to the North line of Lot 18, Block 6, h-ior South and lying North of and adjacent
to the South line of Lot 19, Block 6, of said plat lying West of the East 10 feet of said
Lots 18 and 19 and lying East of the West 10 feet of said Lots 18 and 19, Block 6, Prior
South, Scott County, MN.
If you desia-e to be heard in reference to this vacation, you shou attend the public hearing. Oral
and written comments will be considered by the City Council If you have questions regarding
this matter, contact the Planning Department at 447-4230.
Deb Gan-oss
Assistant City Planner
To be published in the Prior Lake American on Saturday November 19 and 26, 1994.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
14405 21st Avenue No~h / Suite 102
Plymouth, Minnesota 55447
(612)4766758 / I:AX(612)476-40~1
November 7, 1994
City of Prior Lake
4629 Dakota St. SE
Prior Lake, MN 55372
RE: Vacation of Utility Easement
TO WHOM IT MAY CONCERN:
Kestrel Properties LTD. Partnership respectfully requests the vacation of the 10'
utility easement that bisects lots 18 and 19 Block 6 Prior south PID numbers
250171240 and 250171250.
This easement served as a perimeter utility corridor when the lots were platted
separately. The Kestrel Village project will utilize both sites for a single
development and as there is already perimeter utility easements for the combined
parcel of land the easement thru the center is redundant and also is restrictive to
the building placement of the Kestrel Development.
Adjoining property owners as it pertains to this easement will be Kestrel
Properties Limited Parmership and they are also the entity requesting this
vacation.
Wally Johnson
Terry McNellis
Mary Kotek
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DRAINAGE AND
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FRAIIKL~ 'I'RAIt.. ,,
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NOTICE OF PUBLIC HEARING TO CONSIDER
VACATION OF DRAINAGE AND UTILITY EASEMENTS
You are hereby notified that a public hearing will be held by the City Council in the Pr/or Lake
City Hall Council Chambers at 4629 Dakota Street S.E. on Monday, December 5, 1994 at 7:30
p.m.
The purpose of the public heating is to consider vacating the following legally described
drainage and utility easements.
LEGAL DESCRIPTION:
That part of the 5.00 foot platted drainage and utility easements lying South of and
adjacent to the North line of Lot 18, Block 6, l~4or South and lying North of and adjacent
to the South line of Lot 19, Block 6, of said plat lying West of the East 10 feet of said
Lots 18 and 19 and lying East of the West 10 feet of said Lots 18 and 19, Block 6, Prior
South, Scott County, MN.
If you desh'e to be hem'd in reference to this vacation, you shou attend the public hearing. Oral
and written comments will be considered by the City Council. If you have questions regarding
this matter, contact the Planning Department at 447-4230.
Deb Gan'oss
Assistant City Planner
To be published in the Prior Lake American on Saturday November 19 and 26, 1994.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNITY EMPLOYER